Court mandates no eviction of street vendors until mandatory surveys and vending plans are approved by State Government.
In a significant ruling, the Allahabad High Court has directed authorities to comply with the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, emphasizing that no street vendor shall be evicted or relocated until a complete survey and issuance of vending certificates are carried out. The judgment was delivered by a division bench comprising Justices Rajan Roy and Abdhesh Kumar Chaudhary in response to a writ petition filed by Amar Kumar Sonkar and others against the State of Uttar Pradesh and its authorities.
The petitioners challenged the actions of local authorities, who, without conducting the mandatory survey and obtaining the necessary approvals from the State Government, attempted to evict them. The petitioners sought protection under Section 3(3) of the Act, which ensures that street vendors cannot be evicted until these statutory processes are completed.
The Court scrutinized the actions of the Town Vending Committee and highlighted the statutory obligations under Sections 3, 21, and 38 of the Act. The Court noted the failure of the authorities to prepare and approve a vending plan as per the requirements of the Act. The judges emphasized that the law requires the Town Vending Committee to conduct a survey of existing street vendors and prepare a vending plan, which must be approved by the State Government. Only then can any action be taken against the vendors.
The Court also pointed out that the declaration of no-vending zones is impermissible without completing the survey and formulating a vending plan. The absence of an approved plan effectively means there is no legal basis for eviction or relocation of vendors. The High Court instructed the Nagar Nigam, Lucknow, to expedite the formulation and approval of a vending plan, as mandated by the Act, and underscored the protection available to street vendors under the law, subject to the condition that they do not obstruct the free flow of traffic.
In response to the allegations that street vendors were evicted for obstructing traffic, the Court noted the absence of any notice issued to the vendors. The Court reiterated that any action against street vendors must be compliant with the statutory framework and provided them with the necessary protection until the legal requirements are fulfilled.
The judgment underscores the importance of adhering to legal protocols designed to protect the livelihood of street vendors and highlights the responsibility of local authorities to ensure compliance with the Act. The case has been listed for further hearing in three months, with the Court expecting the authorities to complete the pending formalities by then.
Bottom Line:
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 - No street vendor shall be evicted or relocated until the completion of survey and issuance of certificate of vending as per Section 3(3) of the Act, 2014. Compliance with the Act is mandatory for the authorities.
Statutory provision(s): Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Sections 3(3), 21, 38; Clause 3(e) of the First Schedule.
Amar Kumar Sonkar v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2849435
